Roof v. New York Federated Underwriters
New York Supreme Court
1Opinion of the Court
John C. Wheeler,
Off. Ref. This action is upon a policy of fire insurance in which plaintiffs seek to recover damages resulting from the destruction by fire of two barns located on their farm in the Town of Starkey, Yates County.
The policy contained a condition which provided ‘ ‘ this company shall not be liable for loss occurring: * * * (b.) While a described building, whether intended for occupancy by owner or tenant, is vacant or unoccupied beyond a period of sixty consecutive days.” The sole issue is presented by defendants’ allegation that the barns were vacant or unoccupied in violation…
2Cases cited6 opinions
- Merrill v. . Agricultural Ins. Co.New York Court of Appeals · 1878
- Herrman v. . Adriatic Fire Insurance Co.New York Court of Appeals · 1881
- Donley v. . Glens Falls Ins. Co.New York Court of Appeals · 1906
- Whitney v. . Black River Insurance CompanyNew York Court of Appeals · 1878
- Continental Insurance Co. of New York v. DunningCourt of Appeals of Kentucky (pre-1976) · 1933
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- East Tremont Management & Development Agency, Inc. v. New York Property Insurance Underwriting Ass'nCivil Court of the City of New York · 1985
- Feinstein v. Reliance InsuranceNew York District Court · 1976